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Do you think the law of sedition is unconstitutional?
The sedition law has been used excessively by governments against individuals, which has prompted the courts to observe that the law is being weaponised to counter dissent.
The sedition law
- The law comes under Section 124A of IPC. It was first notified during the British government and used against nationalist leaders such as Mahatma Gandhi.
- The law is non-bailable, non-compoundable and a cognisible offence. It is applied when an individual or group tries to incite violence and disaffection towards the government.
Misuse of sedition law
- Political vendetta
The law is excessively used against political opponents of the party in power. The individual will stay for a longer time behind bar. - Violate freedom of speech
The law is used to curtail freedom of speech of individuals. Being an objective law, any part of speech can be considered offensive and charged under the law.
Need for sedition law
- Tackle divisionary forces
The law will prevent any sort of cessation movement taking place in the country. In this way, the integrity of the country will be protected. - Prevent violence
Without any stringent laws, mischievous forces may create unrest in the society. Laws such as sedition act as deterrent against such activities.
Road ahead
- The sedition law need not be repealed completely. There may be a time when it may become necessary.
- A mechanism has to be established to decide what constitutes sedition. Charges under the law must be scrutinized by expert committee.
Thus, sedition law must be used sparingly to counter anti-national and divisive forces. The law should not target individual rights of citizens.